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Tribunal - Witness Statements

Discussion in 'Legal' started by staff4719, Jul 14, 2011.

  1. staff4719

    staff4719 UKBF Newcomer Free Member

    Posts: 7 Likes: 0
    Any advice gratefully appreciated.
    As claimant, I am putting forward a witness for a forthcoming Employment Tribunal hearing on my claim of Unfair Dismissal.
    Some of the account of the witness will concern events following my dismissal (in my case the review and clarification of procedures and policies that I was alleged to have breached). I consider that this evidence is relevant and substantiates the claim as it shows widespread confusion and misunderstanding of policy and guidance I was alleged to have breached or not practiced.
    What is the position regarding events after the date of dismissal for Unfair Dismissal cases in
    (i) the claimants ET1 claim
    (ii) witness statements (is it admissible or immaterial?)

    I was just worried that the tribunal may question information or evidence that wasn't available to the employer at the time of dismissal.
    Also, where there are several similar (or same) accounts of events, is it acceptable to introduce all witnesses as signatories to one collective statement, to be presented by one 'spokesperson' witness. I am advised that separate statements adds more weight, particularly if they can be available for cross examination in person; in that case, would it be acceptable for each individual to refer in their statements that they agree with the account given by another witness (while adding further material that they feel relevant), thus avoiding producing almost carbon copy statements? Or should their account simply be in one witness statement that cannot refer to any other?

    Kind regards.
    Posted: Jul 14, 2011 By: staff4719 Member since: Feb 17, 2011
  2. Montaigne

    Montaigne UKBF Newcomer Free Member

    Posts: 1,061 Likes: 312
    Have a chat with ACAS, they should be able to help.
    Posted: Jul 14, 2011 By: Montaigne Member since: Jul 9, 2011
  3. mikejclark

    mikejclark UKBF Newcomer Free Member

    Posts: 21 Likes: 2
    If you want to amend your ET1 or witness statement which have already been submitted you should make an application to the tribunal to do so ie write to them and ask.

    Regarding the group statement, you should really write a seperate statement for each witness, even if the contents are substantially the same as as you correctly pointed out, it ads more weight and also allows for cross-examination of all the witnesses (if all of them are allowed). Performance of witnesses on the day can win or lose cases and as such if you only have one witness and they perform badly they can lose your case, whereas multiple ones are unlikely to all perform badly (in theory).

    Hope this helps.
    Posted: Jul 14, 2011 By: mikejclark Member since: Jul 3, 2011
  4. staff4719

    staff4719 UKBF Newcomer Free Member

    Posts: 7 Likes: 0
    Thanks Mike, useful advice.
    Posted: Jul 15, 2011 By: staff4719 Member since: Feb 17, 2011